New EPA guidance smooths path for infrastructure projects
The U.S. Environmental Protection Agency recently released new guidance on Section 401 of the Clean Water Act that promises to help move infrastructure projects forward.
The new information provides recommendations to clarify and streamline the 401 certification process and to promote greater investment in and certainty for national infrastructure projects while continuing to protect local water quality.
The EPA was directed to issue guidance for federal permitting agencies and for state and authorized tribal authorities in order to modernize previous guidance and clarify existing CWA Section 401 requirements.
The “Clean Water Act Section 401 Certification Guidance for Federal Agencies, States, and Authorized Tribes” provides clarification and recommendations on:
The new guidance, which replaces EPA’s interim guidance from 2010, also provides additional recommendations to federal agencies, states and authorized tribes to promote early collaboration and coordination through the certification process.
The American Gas Association commended the updated guidance, saying it will lead to development of new natural gas pipelines, enabling greater access to natural gas to benefit American families.
“The water quality certification process has been abused by states to block natural gas pipelines needed to provide safe, affordable and reliable service to millions of Americans who want it,” said AGA President and CEO Karen Harbert. “It is our hope that EPA’s balanced approach in its new guidance will end this practice while also protecting water quality as Congress intended.”
The EPA’s rules governing this authority have not been updated in nearly 50 years, and the agency acknowledges that evolving case law and its own outdated guidance have caused some confusion and resulted in delays in certain infrastructure projects with potentially significant national benefits.
“When states say ‘no’ to the development of natural gas pipelines, they force utilities to curb safe and affordable service and refuse access to new customers, including new businesses. Limiting access and choice for Americans—driving up costs and emissions in the process—is simply bad policy,” Harbert said.